Your Daily Schadenfreude

The reactionary governor of the state of Kentucky has argued in court that former Rowan County Clerk Kim Davis should be responsible for covering the court costs of the gay couples she discriminated against:

Citing “conduct that violates civil rights,” lawyers for Gov. Matt Bevin say former Rowan County Clerk Kim Davis should be held responsible for nearly $225,000 in legal fees and court costs incurred by couples who sued her in 2015 when she refused to issue marriage licenses because of her religious opposition to same-sex marriage.

Although Bevin, a Republican, publicly has praised Davis as “an inspiration ... to the children of America,” his attorneys are taking a more critical tone in court briefs, blaming the ex-clerk for failing to do her job following the U.S. Supreme Court’s June 2015 decision legalizing gay marriage.

A three-judge panel will hear arguments about who should bear the case’s expenses Thursday at the U.S. 6th Circuit Court of Appeals in Cincinnati. A district judge ruled in 2017 that the couples suing for marriage licenses clearly prevailed and that the state of Kentucky must pay their fees and costs.

Bevin appealed that ruling, hoping to hand the bill instead to the Rowan County clerk’s office. Davis acted alone, without any state support, the governor’s lawyers told the 6th Circuit in briefs ahead of the oral arguments.

“Her local policy stood in direct conflict with her statutory obligation to issue marriage licenses to qualified Kentucky couples. The local policy also undermined the Commonwealth of Kentucky’s interest in upholding the rule of law,” Bevin attorney Palmer G. Vance II wrote in one brief.

………

Davis’ statutory authority to issue Kentucky marriage licenses came from the state government, Bunning said. And had the state chosen to, he said, it could have pursued criminal penalties against Davis for official misconduct for refusing to do her duty, or the legislature could have impeached her and removed her from office.

Instead, the state legislature “modified the marriage license form to appease Davis,” he said. Bunning rejected holding Davis personally responsible for the money because the couples prevailed against her in her “official capacity” as a public official, not as an individual, he said.

The hypocrisy is palpable, and fabulous.